Millville City Zoning Code
ARTICLE IX
Wireless Communications Facility District
§ 100-901 Purpose.
The purpose of the Wireless Communications Facility District (WCFD) is to outline the special permitting process to site a wireless communications facility within the Town of Millville, while minimizing potential damage and adverse visual impacts of wireless communications facilities on adjacent properties, residential neighborhoods, and areas of historic or high scenic value; to allow the provision of necessary wireless communications services in an orderly way; and to promote shared use of existing facilities to reduce the need for new facilities.
§ 100-902 Definitions.
As used in this article, the following terms shall have the meanings indicated:
Shall be measured on a horizontal plane.
The Federal Aviation Administration.
The Federal Communications Commission.
The vertical measurement from grade to the highest point of the roof beams in flat roofs; to the highest point on the deck of mansard roofs; to a level midway between the level of the eaves and highest point of pitched roofs or hip roofs; or to a 2/3 of the distance from the level of the eaves to the highest point of gambrel roofs. For this purpose, the level of the eaves shall be taken to mean the highest level where the plane of the roof intersects the plane of the outside wall on a side containing the eaves.
[Amended 5-8-2023 ATM by Art. 20]
Land owned by the Town of Millville, except for land owned by the School Department with a structure used as a school or for educational purposes.
Such structures as, but not limited to, buildings, grain silos, and water towers, but does not include dwellings or apartments.
For the purpose of this bylaw, the Planning Board.
Any building or shelter used to house equipment primarily for the installation and operation of equipment for generating and detecting electromagnetic radiation, and is an accessory to a wireless communications structure.
Any antenna, appurtenance, wiring or equipment used in connection with the reception or transmission of electromagnetic radiation which is attached to a structure.
Shall be used as a general term to include a wireless communications building, wireless communications device, and wireless communications structure.
Any structure or tower intended to support equipment used for the transmission and reception of electromagnetic radiation, including the antennas, wiring or other devices attached to or mounted on a structure.
§ 100-903 Exemptions.
The following shall be exempt from this bylaw:
A.
Wireless communications facilities used solely for Town or state emergency services.
B.
Amateur radio towers used in compliance with the terms of any amateur radio service licensed by the Federal Communications Commission and used solely for that purpose.
C.
Wireless communications structures and devices used expressly for home television reception.
§ 100-904 General guidelines.
A.
No wireless communications facility shall be erected, constructed, or installed without a special permit from the SPGA.
B.
Wherever feasible, wireless communications devices shall be located on existing towers, on municipally controlled land, or other nonresidential structures, minimizing proliferation of new towers.
C.
Wireless communications structures shall be built so that the structural integrity of the facility is able to accommodate devices operated by another carrier with little or no modification.
§ 100-905 Siting and height requirements.
A.
Setbacks.
(1)
The minimum distance from the base of the wireless communications structure to any property line or road right-of-way shall be at least 1.25 times the height of the structure to ensure an adequate fall zone.
(2)
The setbacks for the wireless communications building shall comply with the setback requirements for the zoning district in which the facility is located.
(3)
The wireless communications structure shall be a minimum distance of three times its height from school buildings, playgrounds, athletics fields, and abutting residences to prevent the structure from appearing to "tower" over the school buildings, playgrounds, athletics fields, and abutting residences, adversely affecting property values.
B.
The height of the wireless communications facility shall be the minimum height necessary to accommodate anticipated and future use.
C.
Wireless communications structures are encouraged on state lands, provided that said lands are not subject to the provisions of Article XCVII of the Amendments to the Constitution of the Commonwealth of Massachusetts. If facilities predating this bylaw exist on such lands, the shared use of such facilities is encouraged.
D.
The wireless communications structure shall, when possible, be sited off ridgelines and where its visual impact is the least detrimental to valuable historic and scenic areas.
E.
No new wireless communications structure shall be allowed unless the applicant demonstrates to the reasonable satisfaction of the SPGA that no existing wireless communications structure can accommodate the applicant's proposed wireless communications device or that there is no municipally owned parcel where a structure could be erected to provide suitable coverage. Evidence submitted to demonstrate that no existing structure can accommodate the applicant's proposed device may consist of any of the following:
[Amended 5-13-2024 ATM by Art. 18]
(1)
No existing wireless communications structures are located within the geographic area required to meet the applicant's engineering requirements.
(2)
No municipally owned parcels where a structure could be constructed are located within the geographic area required to meet the applicant's engineering requirements.
(3)
No existing nonresidential structure could accommodate a proposed device within the geographic area to provide suitable coverage.
(4)
Existing wireless communications structures or nonresidential structures are not of sufficient height to meet the applicant's requirements.
(5)
Existing wireless communications structures or nonresidential structures do not have sufficient structural strength or cannot be brought up to appropriate strength to support the proposed wireless communications device.
(6)
The proposed wireless communications device would cause electromagnetic interference with the existing devices on the site, or the existing devices would cause interference with the proposed wireless communications device.
(7)
The applicant demonstrates that there are other limiting factors that render existing structures unreasonable.
§ 100-906 Design requirements.
A.
Wireless communications structures shall be designed to accommodate the maximum number of users as technologically possible.
B.
There shall be no signs or advertisements, except for "no trespassing" signs and a required sign, no greater than two square feet in area, giving the name of the facility owner and a phone number where the responsible party can be reached on a twenty-four-hour basis.
C.
All wireless communications devices shall be colored, molded, and/or installed to blend into the structure and/or the landscape.
D.
The facility shall be fenced to control access (not necessarily the whole property).
E.
Night lighting of the facility shall be prohibited unless required by the FAA. If required by the FAA, a copy of the FAA permit requiring lighting should be submitted with the application.
F.
There shall be a maximum of one parking space for each facility to be used in connection with maintenance of the site and not to be used for the storage of vehicles or other equipment.
G.
Existing on-site vegetation shall be preserved to the maximum extent possible.
H.
Vegetative screening shall be used to screen abutting residential properties and roadways. Plants that fit in with the surrounding natural vegetation shall be used.
§ 100-907 Application process.
A.
Application procedure.
(1)
Preapplication. Applicants are encouraged to meet with the Planning Board at a preapplication conference to consider general development approaches prior to the submission of a complete application.
(2)
Filing. Each application for a special permit shall be filed with the Planning Board and the Town Clerk in accordance with the provisions of § 100-606, Special permits, and with MGL c. 40A, § 9.
(3)
Fees shall be submitted at the time of the submission of the application and in an amount as specified by the Planning Board's fee schedule.
(4)
One original of the complete application and 12 paper copies shall be filed with the Planning Board along with an electronic copy via compact disc (CD) in PDF format. A separate copy of the application shall be submitted to the Town Clerk, with a receipt of its submission provided to the Planning Board.
(5)
Within 10 days after the filing of a complete special permit application, the Planning Board or its agent shall notify local officials, boards, and commissions by sending them a copy and requesting their comments.
(6)
The Board shall hold public hearings on the complete application and shall solicit public comment.
B.
To site a new wireless communications structure, the applicant shall submit:
(1)
Site plans and engineering plans, prepared by a professional engineer licensed to practice in Massachusetts, on 24 inches by 36 inches sheets at a scale of one inch equals 40 feet, or one inch equals 200 feet, where appropriate, on as many sheets as necessary, which show the following:
(a)
North arrow, date, scale, seal(s) of the licensed professional(s) who prepared plans and space for reviewing licensed engineer's seal.
(b)
Name and address of landowner and name and address of abutters.
(c)
Property lines and location of permanent structures or buildings, within a five-hundred-foot radius of the proposed wireless communications structure.
(d)
Existing (from a topographical survey completed within two years of application submittal date by a professional surveyor licensed to practice in Massachusetts) and proposed contour lines at a maximum of two-foot intervals and spot elevations at the base of all proposed and existing structures.
(e)
Vegetation to be removed or altered.
(f)
Plans for drainage of surface water and plans to control erosion and sedimentation both during construction and as a permanent measure.
(g)
Delineation of wetlands, if any.
(h)
Location of wireless communications structure, including supports or guy wires, if any.
(i)
Plans for anchoring and supporting the structure, including specifications of hardware and all other building material.
(j)
Plans for accessory buildings.
(k)
Layout and details of surfacing for access road and parking.
(l)
Amenities such as lighting, fencing, and landscaping.
(m)
Four view lines in a one- to three-mile radius of the site, beginning at True North and continuing clockwise at intervals of 90°, plus additional view lines from any historic, scenic, or other prominent areas of the Town determined by the SPGA.
(2)
A map showing the areas covered/served by the proposed wireless communications structure and device of different signal strengths, and the interface with adjacent service areas.
(3)
A locus map at a scale of one inch equals 1,000 feet (or whatever is necessary to show where in Town the proposed tower is sited), which shall show streets and landscape features.
(4)
A description of the soil and subsurface geology at the proposed site.
(5)
A narrative report written by the carrier and licensed professional engineer which shall:
(a)
Describe the justification of the proposed site.
(b)
Describe the structure and the technical, economic, and other reasons for the facility design.
(c)
Describe the capacity of the structure, including the number and type of additional facilities it can accommodate.
(d)
Describe actions to be taken if electromagnetic radiation from the facility should exceed levels designated by the FCC.
(e)
Describe the projected future needs of the carrier, and how the proposed wireless communications facilities fit with future projections to serve the Town and adjacent towns.
(f)
Describe leasing agreements should another carrier desire to co-locate.
(g)
Describe special design features to minimize the visual impact of the proposed wireless communications facility.
(6)
Proof of approval of all other necessary permits needed for construction and operation.
(7)
If the proposed facility is taller than the zone height restriction (and the SPGA deems it necessary), after the application is submitted, and not more than 21 days after the initial public hearing, the applicant shall arrange to fly a two-foot-diameter balloon at the site of the proposed wireless communications structure at the maximum height of the proposed installation. The date and location of the flight shall be advertised at least 14 days, but not more than 21 days, before the flights, and again in the public hearing advertisement in a newspaper with a general circulation in the Town.
C.
To site a wireless communications device on existing wireless communications structures or nonresidential structures, such as buildings, grain silos, steeples, water towers or other nonresidential structures, including co-location with another carrier, provided that the new use does not add to the height of the structure, the applicant shall submit:
(1)
Site plans and engineering plans, prepared by a professional engineer licensed to practice in Massachusetts, on 24 inches by 36 inches sheets at a scale of one inch equals 40 feet, or one inch equals 200 feet, on as many sheets as necessary, which show the following:
(a)
North arrow, date, scale, the seal(s) of the licensed professionals who prepared the plans and a space for the reviewing licensed engineer's seal.
(b)
Plans for supporting and attaching the device, including specifications of hardware and all other building material.
(c)
Building plans for accessory buildings, if any.
(d)
Layout and details of surfacing for access road and parking, if it is to be altered from existing condition.
(2)
A map showing the areas covered by proposed device(s) of different signal strengths and the interface with adjacent service areas.
(3)
A narrative report written by the carrier and licensed professional engineer which shall:
(a)
Include a draft of the contract between the structure/building owner (whichever appropriate) and the applicant.
(b)
Demonstrate that the wireless communications structure or nonresidential structure to which the device will be mounted has the structural integrity to support such device.
(c)
Describe actions to be taken if electromagnetic radiation from the facility should exceed levels designated by the FCC.
(d)
Describe the projected future needs of the carrier and how the proposed facility fits with future projections.
(4)
Proof of approval of all other necessary permits needed for construction and operation.
§ 100-908 Approval.
A.
In granting a special permit for wireless communications facilities, in addition to the findings required by the Town's Zoning Bylaw for special permits, the SPGA shall find:
(1)
That the applicant has demonstrated to the satisfaction of the SPGA that the requirements of this bylaw have been met.
(2)
That the size and height of the structure is the minimum necessary.
(3)
That the proposed wireless communications facilities will not adversely impact historic structures or scenic views.
(4)
That there are no feasible alternatives to the location of the proposed wireless communications facilities, including co-location, that would minimize their impact and the applicant has exercised good faith in permitting future co-location of facilities at the site.
B.
When considering an application for a wireless communications facility, the SPGA shall place great emphasis on the proximity of the facility to residential dwellings, its impact on these residences, and will encourage the use of existing structures.
C.
Any extension or construction of new or replacement towers or transmitters shall be subject to an amendment to the special permit, following the same procedure as siting a new wireless communications device on an existing structure.
§ 100-909 Conditions of use.
A.
The applicant shall post an initial bond to cover construction costs and an annual maintenance bond to cover maintenance for the access road, site, and structure(s) and to cover the removal of the facility in the event of nonoperation (See Subsection C below.) in an amount approved by the SPGA. An access road may include existing Town roads not designed for heavy traffic.
B.
Regulatory compliance.
(1)
Annual certification demonstrating structural integrity and continuing compliance with current standards of the FCC, FAA and the American National Standards Institute shall be filed with the Building Inspector by the special permit holder, and shall be reviewed by a licensed professional engineer hired by the Town and paid for by the special permit holder.
(2)
If the FCC or the FAA regulations are changed, the owner or operator shall bring the facilities into compliance within six months or earlier if a more stringent compliance schedule is included in the regulation.
(3)
Failure to comply with any regulations shall be grounds for removal of noncomplying structures, buildings or devices at the owner's expense.
(4)
If the device is moved lower on the structure and the top of the structure is no longer needed, then the nonoperational part of the structure shall be removed within 120 days.
C.
Removal and repair.
(1)
An applicant must execute a covenant with the SPGA agreeing to remove, within 180 days of notice from the Town, a wireless communications facility not in operation for a period of 12 months, unless the reason for nonoperation is the result of major damage.
(2)
If the facility is not removed within 180 days, the Town will remove said facility at the owner's expense.
(3)
In the event of major damage, repair must begin within six months of damage. "Major damage" shall mean damage to the facility caused by no fault of the owner or operator.
§ 100-910 Fees.
A fee schedule shall be approved by the special permit granting authority.